Behram Minoo Wadia v. Nergish Jamshedji Karbhari (Deceased_

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th September, 2025 CALLED FOR HEARING :

TP/4187/2024 (E-filing) Mr. Hussein Dholkawala i/b. KRY Legal, Advocate for petitioners PC : 1. Perused Petition. Heard Ld. Advocate for petitioners. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Behram Minoo Wadia and Farzan Dinyar Madon being Executors named under the Will of deceased. The deceased namely Nergish Jamshedji Karbhari died at Mumbai on 13.04.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 06.05.2015. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had one brother and one sister as stated in para No. 9 of the petition who died upmarried. As per para No. 9 of the petition, petitioners are not aware about any other legal heirs as per the Indian Succession Act, 1925 therefore, petitioner has served the citation through newspaper publication and Affidavit of Service dated 16.04.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Dr. Dinyar Daruwala and Adil Framji dated 10.05.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 26.09.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

25.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR